How does a child’s disability impact child custody and child support in North Carolina?
In North Carolina, the Court no longer has jurisdiction or the authority to make decisions over child custody once the child reaches the age of majority – 18 years old. This “line in the sand” is applicable in almost every case, except upon a very unique finding that the child is “mentally or physically incapable of self-support upon reaching his majority” and the child has not yet been declared an incompetent with the appointment of a Guardian by the Special Proceedings Courts.
In regards to child support, North Carolina Family Court no longer has jurisdiction over child support matters once the child turns 18 years old or graduates from high school, whichever comes later – absent a few exceptions. Child Support can extend to the age of 20 years old so long as the child is still enrolled in school or related academic program, and the child is making “satisfactory academic progress towards graduation.” The only other way for child support to continue beyond the statutory limit of 20 years old.
Remember though, parties can agree to obligations and conditions beyond those permitted by North Carolina General Statutes. More specifically, parties could agree to provide additional financial support or set up a “parenting arrangement” for an adult child with disabilities through a contract or Parenting Agreement.
What is Guardianship and are there different types?
Guardianship is a process by which someone is declared incompetent. This means the person is unable to manage their own affairs or make or communicate important decisions concerning their family or property. A third-party “Guardian” is appointed by the Clerk of Superior Court to make decisions on the person’s behalf. Once adjudicated as incompetent, that person becomes known as a “ward”. North Carolina has three types of guardianship:
1. Guardianship over the Person
2. Guardianship over the Estate
3. General Guardianship
Being named Guardian over another person effectively strips the ability of the Ward to make their own decisions. Rather, most (but not all) decisions are legally made by the Guardian.
Guardianship over the Person gives the Guardian the ability to make decisions regarding the care, custody, and control of the ward; Guardianship over the Estate gives the Guardian authority to make decisions regarding the property, estate, and business affairs of the ward; and General Guardianship gives the Guardian authority to make both sets of decisions.
Can a Power of Attorney help in these situations?
Yes, a Power of Attorney can help.
If an adult with a disability needs help but does not want to give up their entire ability to make their own decisions, the disabled adult can execute a Durable Power of Attorney and/or a Healthcare Power of Attorney to name another individual (or “Agent”) to make specific decisions on their behalf. The Healthcare Power of Attorney allows the Agent to be involved with health-related decisions. The Durable Power of Attorney allows the Agent to act on the disabled person’s behalf regarding financial and business affairs.
The options available when caring for those individuals with disabilities can be complicated to work through; however, discussing the various options available is absolutely necessary when striving to provide an independent and safe life for your disabled loved one. Involving a legal professional in this discussion helps to ensure a tailored solution that addresses your family’s individualized needs.
If you would like to learn more about how the law can help your family members with disabilities, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Tiffany A. Byrd
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
